Volume 841, Page 255 View pdf image |
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March Court 1729
255 Ordered by y.e Court that Benj.a Marchant pay unto Caleb Milbourn one hundred & Eight pounds of tob.o being due unto him for his attendance Six days as Evidence on behalfe of y.e said Benja Marchant against Isaac Fleming he haveing made Oath to the same &a
and him should safe keep so that he might have his body before the Justices of his Lordships county court of somersett to be held at dividing Creek the third tuesday of March then next to answer unto William Kenny of a plea that ^he^ Render unto him three thousand pounds of good sound merchantable Leafe tobacco which to him he Owes and Unjustly detaines &c and that thereof he should not fail &c and whereupon the said William by Levin Gale his attorney saith that whereas the said Lazarus the twenty fourth day of June anno Dom One thousand Seven hundred & twenty at the Co.ty afd within y.e Jur of this Court by his Certain Obligatory which the said W.m with the seal of y.e said Lazarus Signed Hereinto Court Brings the Date whereof is the same Day & Year did Acknowledge Himselfe to be Bound unto the said W.m in the afd three thousand pounds of tobo Good sound Marchantable Leaf tob.o with Cask to be paid unto the said W.m when he should be thereunto requested yett the said Lazarus tho' often required y.e afd three hundred Thousand pounds of tob.o unto the afd Will.m Hath not Rendered but but the same to Him Hitherto to render Hath Denyed & Still Doth Deny & unjustly Detain Whereupon y.e said Will.m saith he is worse & Hath Damage to the Value of Six thousand pounds of tobacco And thereupon he Brings Suite &a L: Gale P Quer Pledges &.a J Doe R Roe Att which said third tuesday of March to witt the Seventeenth Day of the Same Month being the Day of the return of y.e said Writt Cometh y.e said Will.m Kenny by his attry afd & y.e Sher of Somrsett Co.ty to whom the foregoing Writt was directed Likewise Cometh & Maketh return thereof to y.e Co.t Here Endorsed viz.t Non Est Inventus Short note Left P Jn.o Purnall sher Whereupon the said William Kenny by his attorney afd prays that forasmuch as he hath Complyed with the law in Order to an attachment he may have Judgm.t against the Said Lazarus Kenny for his debt afd by way of attachment according to act of assembly &.c Whereupon for that it seems to the Court here that the afd William Kenney has Complyed with the law as alledged &a Therefore it is Considered by the Justices here that the afd William Kenny Recover against the afd Lazarus Kenney three thousand pounds of tobacco his debt afd as also his damages Costs and Charges by the said plft Laid Out and Expended by him about his suit by way of attachment against 317 the goods Chattells rights or Creditts of the said Laz.a Kenny according to act of assembly in Such Case made and provided &c
of forty Seven pounds fourteen Shills & four Pence Curr.t Mony which ^a^ Certain W.m (Horsey) |
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Volume 841, Page 255 View pdf image |
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